House File 349 - Reprinted HOUSE FILE 349 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 55) (As Amended and Passed by the House March 21, 2023 ) A BILL FOR An Act relating to probation, including discharge credits, 1 educational credits, and workforce credits, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 349 (3) 90 as/rh/md
H.F. 349 Section 1. Section 907.1, Code 2023, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. Adult criminal problem-solving court 3 means a court program under direct supervision of a judge 4 established to treat drug or alcohol addiction or mental 5 illness of adults charged with criminal offenses. 6 NEW SUBSECTION . 2A. Discharge credit means a fourteen-day 7 reduction from a defendants term of probation for each full 8 calendar month the defendant is in compliance with the terms 9 of the defendants probation. 10 NEW SUBSECTION . 2B. Educational credit means a ninety-day 11 reduction from a defendants term of probation when a 12 defendant earns a high school diploma, high school equivalency 13 certificate, or academic degree or completes a certified 14 vocational, technical, or career education or training program. 15 NEW SUBSECTION . 6. Special probation program means a 16 program under the supervision of a district court or a judicial 17 district department of correctional services established to 18 treat drug or alcohol addiction, mental illness, or domestic 19 or sexual abuse of the parties involved in a criminal case, 20 or to improve outcomes for persons involved in the program 21 including an intermediate criminal sanctions program under 22 section 901B.1. 23 NEW SUBSECTION . 7. Workforce credit means a thirty-day 24 reduction from a defendants term of probation for each 25 six-month period in which a defendant maintains verifiable 26 employment. 27 Sec. 2. Section 907.9, Code 2023, is amended by adding the 28 following new subsections: 29 NEW SUBSECTION . 6. a. On or after July 1, 2024, a 30 defendant on probation shall earn a discharge credit from the 31 defendants term of probation for each full calendar month in 32 which the defendant is in compliance with the terms of the 33 defendants probation. 34 b. A defendant shall not earn a discharge credit for a 35 -1- HF 349 (3) 90 as/rh/md 1/ 3
H.F. 349 calendar month in which a violation has occurred, the defendant 1 has absconded from probation, or the defendant is incarcerated, 2 except that a defendant shall be retroactively awarded a 3 discharge credit for a calendar month in which a violation 4 allegedly occurred if the violation is not sustained by the 5 court. 6 c. A defendant shall not earn a discharge credit for a 7 partial calendar month or the last full calendar month of 8 probation. 9 NEW SUBSECTION . 7. On or after July 1, 2024, a defendant on 10 probation shall earn an educational credit from the defendants 11 term of probation when a defendant earns a high school diploma, 12 high school equivalency certificate, or academic degree 13 or completes a certified vocational, technical, or career 14 education or training program. 15 NEW SUBSECTION . 8. On or after July 1, 2024, a 16 defendant on probation shall earn a workforce credit from 17 the defendants term of probation for each six-month period 18 in which a defendant maintains verifiable employment for at 19 least an average of thirty hours per week. The defendants 20 probation officer may verify such employment through 21 supporting documentation, which may include but is not 22 limited to any record, letter, pay stub, contract, or other 23 department-approved methods of verification. 24 NEW SUBSECTION . 9. Beginning July 1, 2024, at least 25 two times per year, the defendants probation officer shall 26 provide the defendant with an accounting of the defendants 27 discharge credits, educational credits, and workforce credits, 28 if applicable, that have accrued under subsections 6, 7, and 29 8. The department of corrections shall, without leave of 30 court, award any accrued credits under subsections 6, 7, and 31 8 toward the completion of the defendants probation except 32 that the maximum reduction of the defendants probation term 33 earned through the application of the credits shall not exceed 34 forty percent of the probation period imposed and the defendant 35 -2- HF 349 (3) 90 as/rh/md 2/ 3
H.F. 349 shall not be discharged from probation until the defendant's 1 probation officer determines that fees imposed under section 2 905.14 and court debt collected pursuant to section 602.8107 3 have been paid or are subject to a payment plan. The 4 department of corrections shall adopt rules to implement the 5 provisions of this subsection. 6 NEW SUBSECTION . 10. Subsections 6, 7, 8, and 9 shall not 7 apply to proceedings in adult criminal problem-solving courts 8 and special probation programs unless the problem-solving court 9 or special probation program adopts some or all of subsections 10 6, 7, 8, and 9. 11 NEW SUBSECTION . 11. Beginning July 1, 2024, the department 12 of corrections shall collect information and report annually 13 in a public report made available no later than December 1 14 of each year the number of defendants on probation who have 15 earned discharge credits, educational credits, and workforce 16 credits pursuant to subsections 6, 7, and 8 during that year, 17 the average amount of credits earned per defendant during that 18 year, the total number of supervision days reduced due to 19 the awarding of credits during that year, and the number of 20 defendants terminated from probation early that year. 21 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2024. 22 -3- HF 349 (3) 90 as/rh/md 3/ 3